TRILOK CHANDRA SHARMA Vs. SAMEER VERMA

JUDGEMENT

(1.) This contempt petition alleges disobedience of the direction issued by writ court on 13.1.2017 in Writ Petition No.50945 of 2016. The applicant, who is the writ petitioner, retired in 1999 and was litigating with regard to his claim for payment of salary pursuant to an award made in Adjudication Case No.14 of 1997. The award itself was challenged by the State of Uttar Pradesh in Writ Petition No. 48505 of 1999, which came to be dismissed on 17.9.2013. The department even thereafter did not comply with the award and so the applicant approached the competent authority under section 6(h)(1) of the U.P. Industrial Disputes Act. The authority concerned allowed claim of the applicant for payment of Rs.2,70,165/- vide order dated 12.1.2016. This order also attained finality and was not put to any challenge. Since the order was not complied with, petitioner approached this Court by filing Writ Petition No.50945 of 2016 in which following direction was issued on 13.1.2017:-

(2.) The direction was issued to the District Magistrate, Meerut, to realize the amount in question from the department concerned and pay the same to the applicant within a period of one month from the date of the order, failing which he was also entitled to payment of interest at the rate of 12%. This order was served upon the opposite party on 7.2.2017 by registered post, but even thereafter the amount was not paid. The applicant, in such circumstances, was compelled to approach this Court once again by filing Contempt Petition No.1347 of 2017, which got disposed of vide following orders on 28.3.2017:-

(3.) This order was also communicated to the opposite party concerned by the applicant and also by the registry of this Court but still no compliance was made. The applicant preferred this second contempt petition, wherein notices were issued on 13.7.2017. Record reveals that even thereafter nothing was done, and as such, this Court proceeded to summon the opposite party for framing of charge vide following orders passed on 12.9.2017:-